For a default judgment entered by a judge, how many days' notice is required before a hearing?

For a default judgment entered by a judge, how many days' notice is required before a hearing?

• A. One day
• B. Ten days
• C. Three days
• D. No notice required

Answer: (C)

The main idea here is how much notice the court must give before holding a hearing on a default judgment that the judge will enter. In North Carolina, when the court is going to hear and decide a default judgment entered by the judge, the party against whom the default is sought must receive at least three days’ notice of the hearing. This shorter notice reflects the procedural posture of a default—the nondefaulting side hasn’t defended the case yet, so the hearing is expedited compared to a full trial, but due process still requires some warning and an opportunity to appear. One day of notice would be too short to prepare or arrange to participate; ten days’ notice is associated with other kinds of motions or procedures, and no notice without a specific exception would generally be improper.

The main idea here is how much notice the court must give before holding a hearing on a default judgment that the judge will enter. In North Carolina, when the court is going to hear and decide a default judgment entered by the judge, the party against whom the default is sought must receive at least three days’ notice of the hearing. This shorter notice reflects the procedural posture of a default—the nondefaulting side hasn’t defended the case yet, so the hearing is expedited compared to a full trial, but due process still requires some warning and an opportunity to appear. One day of notice would be too short to prepare or arrange to participate; ten days’ notice is associated with other kinds of motions or procedures, and no notice without a specific exception would generally be improper.